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View Full Version : Beginning of a Workweek - California


pcmarcondes
07-17-2006, 09:43 PM
At my company we calculate workweeks starting at 12:01am on the 1st, 8th, 15th, and 22nd day of the month, regardless of which day of the week it falls.

How do I deal with the two or three days that are hanging at the end of the month?

I just implemented this schedule and wanted to know if I am breaking any labor laws.

Thanks

AndrewAK
07-17-2006, 11:31 PM
As a business owner you can declare what your work week will be. There is no law, that I'm aware of , that requires business owners to follow a specific schedule. There are some federal requirements regarding calendar weeks , but calendar weeks do not have to be exactly the same as the work week that your company chooses to follow. If the remaining days toward the end of the month are a problem for you, is there another method you can use to establish your work week so that the entire month is accounted for without any leftover days? If you will want to know about your local laws , check with your State's labor board for any valid information.

mtracy
07-18-2006, 12:42 AM
This method of computing the work week would (1) be illegal and (2) result in more overtime. First, all changes in a work week need to be intended to be permenant. Shifting the workweek each month would definately not qualify.

Even if it did qualify as a valid switch in work week, the rule for shifts in work week is to take the overtime under the old week and compare it to the overtime under the new week. The employee gets whichever is greater. Not only is the a nightmare for payroll to compute each month, but it gives the employee the better of the two systems each time it switches.

Pattymd
07-18-2006, 04:46 AM
Plus, a workweek is 7-consecutive days. How those workweeks fall in a particular calendar month is irrelevant.

DAW
07-18-2006, 09:50 AM
Agreed. The following is a pointer to the actual federal (FLSA) rule, should that be helpful.

http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_778/29CFR778.105.htm

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